[Federal Register Volume 67, Number 103 (Wednesday, May 29, 2002)]
[Notices]
[Pages 37438-37439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13323]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-462]


In the Matter of Certain Plastic Molding Machines With Control 
Systems Having Programmable Operator Interfaces Incorporating General 
Purpose Computers, and Components Thereof II; Notice of Commission 
Decision not to Review an Initial Determination Terminating the 
Investigation as to Two Respondents on the Basis of a Settlement 
Agreement

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International 
TradeCommission has determined not to review the presiding 
administrative law judge's (``ALJ's'') initial determination 
(``ID'')(Order No. 26) terminating the above-captioned investigation as 
to respondents Sidel S.A. and Sidel, Inc. based on a settlement 
agreement. Under ALJ Order No. 27, the investigation will continue so 
that complainant may have

[[Page 37439]]

the opportunity to move for summary determination of violation and to 
request a general exclusion order pursuant to Commission rule 
210.16(c)(2), 19 CFR 210.16(c)(2).

FOR FURTHER INFORMATION CONTACT: Jean Jackson, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW.,Washington, DC 20436, telephone (202) 205-3104. Copies of the ALJ's 
ID and all other nonconfidential documents filed in connection with 
this investigation are or will be available for inspection during 
official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the 
Secretary,U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
Internet server(http://www.usitc.gov). The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public. Hearing-impaired 
persons are advised that information on this matter can be obtained by 
contacting the Commission's TDD terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted the above-
captioned investigation on August 23, 2001, based on a complaint filed 
by Milacron, Inc. (Milacron) of Cincinnati, OH, against eleven 
respondents. 66 FR 44374 (2001). The complaint, as supplemented, 
alleged violations of section 337 of the Tariff Act of 1930 in the 
importation into the United States, sale for importation, and sale 
within the United States after importation of certain plastic molding 
machines with control systems having programmable operator interfaces 
incorporating general purpose computers, and components thereof, by 
reason of infringement of claims 1-4 and 9-13 of U.S. Patent No. 
5,062,052. Sidel S.A. and Sidel, Inc. (collectively, Sidel) are the 
last respondents remaining in the investigation. The nine other 
respondents were previously terminated from the investigation on the 
basis of settlement agreements.
    On April 9, 2002, Milacron, and Sidel filed a joint motion under 
Commission rule 210.21(b) to terminate the investigation as to Sidel 
based on a Settlement and Non-Exclusive License Agreement. On April 18, 
2002,Milacron filed a motion to amend the procedural schedule so that 
it would have the opportunity to file a motion for summary 
determination of violation of section 337 and to request a general 
exclusion order. OnApril 19, 2002, the Commission investigative 
attorney filed a response in support of both the joint motion to 
terminate and Milacron's motion to amend the procedural schedule. On 
April 23, 2002, the presiding ALJ issued his ID terminating the 
investigation as to Sidel. On April 24, 2002, he issued Order No. 27, 
granting Milacron's request to amend the procedural schedule. No 
petitions for review of the ID were filed.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in section 210.42 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.42).

    By order of the Commission.

    Issued: May 23, 2002.
Marilyn R. Abbott,
Secretary.
[FR Doc. 02-13323 Filed 5-28-02; 8:45 am]
BILLING CODE 7020-02-P